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Berkley v. State

Court of Appeals Ninth District of Texas at Beaumont
Feb 6, 2013
NO. 09-11-00486-CR (Tex. App. Feb. 6, 2013)

Opinion

NO. 09-11-00486-CR

02-06-2013

BYRON LEON BERKLEY, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 435th District Court

Montgomery County, Texas

Trial Cause No. 11-03-03054 CR


MEMORANDUM OPINION

A jury convicted Byron Leon Berkley of engaging in organized criminal activity, enhanced, and the trial court sentenced Berkley to forty-five years in prison. Berkley's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On September 6, 2012, we granted an extension of time for Berkley to file a pro se brief. We received no response from Berkley. We have determined that this appeal is wholly frivolous. We have independently examined the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. We find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).

However, according to the judgment, the trial court assessed $4,330.97 in attorney's fees. The record does not indicate that Berkley has the financial resources to enable him to pay attorney's fees. See Tex. Code Crim. Proc. Ann. arts. 26.04(p), 26.05(g) (West Supp. 2012); see also Roberts v. State, 327 S.W.3d 880, 883-84 (Tex. App.—Beaumont 2010, no pet.). Accordingly, we modify the judgment to delete the $4,330.97 in attorney's fees. We affirm the trial court's judgment as modified.

Berkley may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.

AFFIRMED AS MODIFIED.

________________________

STEVE McKEITHEN

Chief Justice
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.


Summaries of

Berkley v. State

Court of Appeals Ninth District of Texas at Beaumont
Feb 6, 2013
NO. 09-11-00486-CR (Tex. App. Feb. 6, 2013)
Case details for

Berkley v. State

Case Details

Full title:BYRON LEON BERKLEY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Feb 6, 2013

Citations

NO. 09-11-00486-CR (Tex. App. Feb. 6, 2013)